No. 65
6 January 1859
Sir,
I have the honor of transmitting here with a copy of a General Order of Court, issued by Mr Justice Begbie dated 27th December last, with copies of two letters, explanatory of his reasons for admitting as a temporary arrangement, Members of the American Bar toManuscript imageto plead in the Courts of British Columbia.
In the absence of Members of the English Bar to take out the proper writs, and to conduct cases, there would otherwise be no one to point out to defendants the most efficacious mode of defence, a duty which the Judge would be called on to perform, and therefore to act both as adviser and Judge.
He despaired under those circumstances of giving satisfaction to the suitors, and of maintaining the desirable high character of aManuscript imagea British Court of Law.
For those reasons I yielded to his wishes, and agreed that the concession in favor of American Lawyers should remain in force, for six months, but not longer, unless there be a positive necessity from the absence of English practitioners, of again resorting, for a time, to a like expedient.
I have etc.
James Douglas
Governor
Minutes by CO staff
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Mr Merivale
See yr minute—& the desph on 1072/59.
ABd 28 Feb
I presume this must be approved as matter of necessity.
HM Mh 1
I suppose so—but it is a pity that unemployed but duly qualified lawyers in England cannot be made aware of the harvest wh they might gather in B. Columbia.
C March 2
It wd be well worth writing a line to Cairns with this letter—as he may know several young lawyers glad to go on their own look out.
EBL M 5
Other documents included in the file
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Draft reply, Lytton to Douglas, No. 32, 15 March 1859.
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Draft, Colonial Office to Sir Hugh Cairns, Law Officer, 17 March 59, forwarding copy of the despatch for information.
Documents enclosed with the main document (not transcribed)
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Newspaper clipping, unnamed, no date, "Court of British Columbia, Order of Court," containing information regarding the temporary measures enacted for enrollment of attornies.
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Begbie to Douglas, 29 December 1858, enclosing the general order of court.
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Begbie to Douglas, 15 December 1858, enclosing a draft order of court permitting aliens to enroll as attornies in the colony.
Douglas, James to Lytton, Edward George Earle Bulwer 6 January 1859, CO 60:4, no. 2144, 10. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B59065.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)